that there is an infirmity in the application and the
present revision petition as the application for transposition was filed in
the appellate Court ... allows it to attain finality; then can he still file a
transposition application to defeat such dismissal order passed by the
Appellate Court which cannot
This writ petition involves only rejection
of application for transposition of the present Petitioner as Petitioner in
the Election Petition ... submitted that there is clear provision
for bringing an application for transposition. In this contingency taking
this Court to the provision at Order 23 Rule
response to the service of transposition application upon the
appellant, he appeared in the court on October 26, 2023 and
claimed that ... transposition passed in the said
case was set aside by the Hon'ble Apex Court, as the notice of transposition
application was not issued
record for the siblings of those who
oppose the petitioners' application for transposition,
submits that the question viz., whether this Court
can observe that ... disputed that the civil
Court, while considering the merits of the application
for transposition had the jurisdiction, even if it is to
the limited extent
continue the suit, irrespective of whether he makes an
application for transposition or not.
(iv) Even if no defendant has sought the relief of
partition ... plaintiff. Even though the
fifth defendant did not make any specific application for
transposition, it was clear from her objections that she
wanted the suit
continue the suit, irrespective of whether he makes an
application for transposition or not.
(iv) Even if no defendant has sought the relief of
partition ... plaintiff. Even though the
fifth defendant did not make any specific application for
transposition, it was clear from her objections that she
wanted the suit
plaintiff and continue the
suit, irrespective of whether he makes an application for
transposition or not.
(iv) Even if no defendant has sought the relief ... plaintiff. Even though the fifth
defendant did not make any specific application for
transposition, it was clear from her objections that she
wanted the suit
permit them to prosecute partition suit. The said
application is allowed.
2. Facts leading to the case are that respondents 6
to 18 have filed ... this background,
respondents 1 to 5 filed an application seeking
transposition. Said application is allowed
Shah, Trustee. The plaintiff - respondent Nos. 1 and 2 moved an
application for transposition of the party i.e. the defendant no. 6
Mulchand Shah ... instead of praying to delete his name, they moved an
application for transposition. In such circumstances, the court
below failed to appreciate the real dispute
JOSHI, J.) :
Applicant no.1 in Criminal Application No.949/2023 has
taken out an application seeking transposition of applicant no.2
therein ... Prayer granted. Necessary
amendment be carried out forthwith. Criminal Application for
transposition is accordingly disposed of.
...
Heard.
Admit. By consent of the learned Counsel
